NY V Trump Judge to review motion of defense to dismiss after the prosecution has restated their case

A judge named Juan Merchan could rule Tuesday morning on Trump defense lawyers’ motion to dismiss the lawsuit for the ex-president completely.

By Brooke Singman

May 21, 2024 04:00 AM

Judge Juan Merchan could rule Tuesday morning on Trump defense attorneys’ motion to dismiss the case against the former president altogether after the prosecution rested its case following days of testimony from its star witness, Michael Cohen .

Manhattan District Attorney Alvin Bragg charged Trump with 34 counts of falsifying business records in the first. Prosecutors must establish beyond feasible doubt Trump did not disclose business information 34 times in order to hide the $130,000 cash payment made to Stormy Daniels who was a pornographic performer prior to the presidential election in order to discredit her for an reported affair with Trump in 2006.

This courtroom sketch shows Michael Cohen being questioned by prosecutor Susan Hoffinger on redirect during former President Trump’s criminal trial in New York City on May 20, 2024. (Reuters/Jane Rosenberg)

Trump has admitted that he is not guilty of all charges, and maintains his innocence.

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Following Michael Cohen’s Fourth day of evidence was over the prosecution decided to end its case. Trump defense lawyers called themselves two witnesses.

The court adjourned for the day Trump lawyer Todd Blanche asked for an immediate dismissal order in the event that there is “no evidence” that the documents or filings in the case were fake and that there is “absolutely no false business filings.”

Blanche claimed that there is no doubt that Cohen served as the personal attorney of Trump at the time of his 2017 election. She also said there isn’t any evidence of motive from Trump to deceive, conceal or falsify records of business.

Blanche claimed that there were documents of defrauding intent in the event that they were found and there were no other criminal acts being hid from. He claimed it was not evidence that anyone imagining an election finance charge at the time the loan was given to Stormy Daniels or at the time Cohen and then Trump CFO of the organization Allen Weisselberg developed the repayment plan.

Blanche claimed that Trump paid Cohen the sum of $35,000 for a “monthly retainer,” which is what the records show and added that there is no witness testimony to support any criminal motive.

Donald Trump and Michael Cohen (Getty Images)

In her reflection on the prosecution’s case Blanche highlighted the claimed “catch and kill” strategy employed to block the “demonstrably false” story a Trump Tower doorman had about Trump from being published.

“How on Earth is keeping a false story from voters criminal?” Blanche asked, adding that it wasn’t “not a catch and kill and certainly not a criminal catch and kill.”

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“There is no way the court should let this case go to the jury with Mr. Cohen’s testimony,” Blanche added, pointing out that Cohen has been a liar under oath before and in the current trial in the courtroom of Merchan.

Merchan requested Blanche to “find Mr. Cohen not credible by a matter of law,” to which Blanche responded “yes.”

“So, you want me to take it out of the jury’s hands?” Merchan asked”How do I get it out of your hands?” Blanche replying that Cohen’s whole testimony is not to be considered by jurors.

Merchan stated to Blanche that Cohen’s “lies” were “irrefutable,” then he’d be in a position to convince jurors of this.

The prosecution argued that, under the New York state falsifying business records statute, any person “causing” the falsified records could be liable.

“As a matter of law, it is sufficient, more than sufficient, that the defendant set in motion the sequence of events leading to the falsification of business records,” prosecutor Matthew Colangelo argued.

Merchan declared that he will decide whether to turn down the appeal prior to the jury could consider the issue.

Michael Cohen is cross-examined by defense lawyer Todd Blanche during former President Trump’s criminal trial in New York City on May 16, 2024, as shown in this courtroom sketch. (Reuters/Jane Rosenberg)

Prior to the development of the afternoon, Trump defense attorneys on Monday continued to question Cohen Cohen, Trump’s former attorney and self-described “fixer,” who testified that he took $30,000.00 in cash from his employer, the Trump Organization.

Cohen claimed that the decision is “almost like self-help” because Cohen had been “angry” about his bonus being cut.

Cohen admitted that he was supposed pay the $30,000 that he withdrew from his bank account to the technology company called Red Finch, in addition to the $20,000 he already paid to them. He did not make the payment, instead he took the $30,000 from himself, and induced to the Trump Organization to believe he had made the full payment.

Prosecutors also briefly interrogated Cohen regarding redirection, in which Cohen said Cohen experienced “more than 20” conversations with Trump regarding Stormy Daniels in the year 2016 and that Trump “no doubt” had given his approval to the hush money settlement for Daniels.

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Cohen has admitted that he paid $130,000 to Daniels through the home equity loan as a way to hide the cash away from wife. Cohen claimed he made the payment in order to protect himself from being accused of fraud. Trump instructed Cohen to “handle it” and prevent any negative news from being reported prior to the presidential election in 2016.

Cohen admitted that Cohen had been “reimbursed $420,000” for the $130,000 he made to Daniels. Cohen stated that Weisselberg suggested that he “gross up” the payments and said Trump was aware of the specifics of the reimbursement.

The prosecution gave Cohen with 11 check worth $420,000. Cohen confirmed that the checks were all received and were deposited. The checks were accompanied by the description “retainer,” which Cohen declared to be false.

On Monday, however, the prosecution put aside its case against the former president.

Trump defense lawyers called two witnesses including a Paralegal Daniel Sitko and a former legal advisor of Michael Cohen, Robert Costello.

Sitko has testified she was able to prove that Cohen and Costello were on the phone for 75 minutes wherein Cohen claimed to Costello that Trump didn’t know anything about the payments made to Stormy Daniels.

Costello was on the stand and admitted that Cohen said to Cohen “numerous times” that Trump was unaware of the payments. Costello recalled Cohen declaring to him “I swear to God, Bob, I don’t have anything on Donald Trump.”

Cohen during the previous day said he had told a number of people earlier that day that Trump was unaware of the payments.

This courtroom sketch shows presiding Judge Juan Merchan during former President Trump’s criminal trial in New York City on May 14, 2024. (Reuters/Jane Rosenberg)

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However, during the course of his testimonies, Costello was at odds with Merchan. Costello clearly and audibly reacted in disapproval Merchan who had several oppositions by the prosecution regarding his testimony regarding Cohen.

“I’m sorry?” Merchan asked Costello after a single reaction, before leaving the courtroom.

“I want to discuss proper decorum in my courtroom,” Merchan declared when the jury had left. “You don’t say strike it, because I’m the only one who can strike it.”

Merchan ordered Costello who was a ex-prosecutor in the federal government, not react, look at his back or react in any manner to his decisions.

When the jury returned in the courtroom Costello was looking at Merchan which prompted the judge to inquire “Are you staring me down?”

Attorney Susan Hoffinger was leading the cross-examination of Costello. She stated that she had about 45 minutes remaining for questions.

The defense has said that they will not summon any witnesses, signalling that Trump will not stand to defend himself.

The closing arguments are scheduled for the next Tuesday.

Brooke Singman is a political reporter and correspondent on Fox News Digital, Fox News Channel and FOX Business.